Mark Foley Quoted in Human Resource Executive Online Regarding New “Persuader Rule"

Labor and Employment partner Mark Foley was recently quoted in Human Resource Executive Online in an article titled, “Beware the ‘Persuader Rule.” The story focuses on the U.S. Department of Labor’s (DOL) new rule that requires employers to disclose any paid information from lawyers and other consultants who advise them on union organizing. The new “persuader rule,” could become effective as early as July.

In a change from 40 years of settled guidance, the DOL recently determined that “persuader activity” was any activity or communications that might somehow influence an employee’s right to organize or bargain collectively.

Many feel that the “Persuader Rule” infringes upon the confidential attorney-client relationship, as well as placing small business at a disadvantage since many don’t have in-house counsel. Some government officials have already begun the process to block the “Persuader Rule.” Congressman Bradley Byrne (R-AL) proposed Resolution 87, which seeks to use Congressional Review authority to block the new rule from going into effect.

Mark commented that the “Persuader Rule” is a solution in search of a problem, stating that “most employers want to be operating within the bounds of the law.” He states that there is no correlation between the decline in election wins for unions in the past 40 years and employers seeking counsel.

“Most employers would like some legal advice so they can make sure they're operating lawfully and having the opportunity to speak to their own employees about what is a very important decision -- joining a union,” Mark said.